Overview
Nigeria offers protection for trademarks, patents, and industrial designs through its national system, administered by the Trademarks, Patents, and Designs Registry under the Federal Ministry of Industry, Trade, and Investment. It is not part of a regional IP organization such as ARIPO or OAPI, so applicants must file directly through Nigeria’s national procedures.
Nigeria’s IP framework adheres to international standards, providing distinct registration requirements and legal mechanisms for enforcement. Rights holders, both local and foreign, can seek judicial and administrative remedies if infringement arises.
International Conventions
Nigeria offers protection for trademarks, patents, and industrial designs through its national system, administered by the Trademarks, Patents, and Designs Registry under the Federal Ministry of Industry, Trade, and Investment. It is not part of a regional IP organization such as ARIPO or OAPI, so applicants must file directly through Nigeria’s national procedures.
Nigeria’s IP framework adheres to international standards, providing distinct registration requirements and legal mechanisms for enforcement. Rights holders, both local and foreign, can seek judicial and administrative remedies if infringement arises.
IP office
Trademarks in Nigeria are filed at the Trademarks, Patents, and Designs Registry on a single-class basis. Separate applications must be filed for each class of goods or services.
• A clear depiction of the trademark and payment of government fees are required.
• Substantive examination checks for distinctiveness and conflicts with previously registered or pending trademarks.
• Trademarks are initially registered for 7 years, after which they may be renewed for 14-year periods.
• Applicants must provide complete information, including name, address, and the specific class to be covered.
Upon registration, the owner can enforce rights through administrative oppositions or civil court actions in cases of unauthorized use or imitation.
Patent protection in Nigeria covers inventions that fulfill novelty, inventive step, and industrial applicability. Patents are administered by the same Registry, subject to national law.
• The patent term runs for 20 years from the filing date, provided annual maintenance fees are continuously paid.
• Applicants must submit a detailed specification, claims, and any relevant drawings describing the invention.
• A substantive examination evaluates the invention against patentability criteria.
• As Nigeria is a PCT contracting state, foreign applicants may enter the national phase after an international filing.
Once granted, patent owners hold exclusive rights to produce, use, or sell the invention within Nigeria and may pursue legal action against infringers.
Industrial design protection in Nigeria relates to the ornamental or aesthetic features of items. Applications go through the same national Registry.
• Applicants must submit accurate representations of the design and pay official fees.
• Design registrations are valid for an initial term of 5 years, renewable for two further 5-year periods (up to 15 years).
• Applicant details must be fully and correctly provided to facilitate a valid registration process.
Holders of registered designs may prevent the unauthorized production or trade of articles that emulate the protected layout or form in Nigeria.
